Articles

When is a mattress a covered medical expense under the Virginia Worker’s Compensation Act? The answer may change depending on the facts of the case. The general rule is that orthopedic type mattresses do not meet the definition of necessary medical attention under Virginia Code § 65.2-603. The Commission has consistently held that mattresses do… Read more »

Authored by attorney Megan B. Caramore The Miller Act requires that a contractor who is awarded a government construction contract worth $100,000 or more must furnish a payment bond. It also limits the potential claimants on the bond to persons who provide labor and materials directly to the prime contractor or persons with direct contractual… Read more »

In the absence of a reimbursement agreement with the medical provider, workers’ compensation carriers in Virginia are required to pay medical providers according to the prevailing community rate as provided by Va. Code Section 65.2-605 and Rule 14 of the Virginia Workers’ Comensation Commission Rule 14. In a dispute, the carrier bears the burden of… Read more »

Authored by attorney George M. Nicholos The Architecture Billings Index for February of 2013 indicates a continued strong pace in design activity in architectural firms and suggests an oncoming jump in nonresidential construction spending during the second half of this year. The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys… Read more »

Authored by attorney Anthony J. Mazzeo The euphoria you feel upon being notified by a contracting officer that your company has been awarded a federal contract on which you recently bid can quickly turn to dread if you discover that a mistake caused you to underbid the work. Being bound to a contract based on… Read more »

Authored by attorney James R. Harvey The 2013 Virginia General Assembly passed a new law further complicating Virginia’s mechanic’s lien laws. The bill, which passed with wide support in the House of Delegates and Senate amends Va. Code §43-3 to now prohibit liens by those without a valid Virginia contractor’s license. “A person who performs… Read more »

The 1984 Amendments to the Longshore and Harbor Workers’ Compensation Act made it clear that employees who exclusively perform “office clerical, secretarial, security, or data processing work” are not covered by the Act so long as they are covered by the applicable state workers’ compensation act. 33 U.S.C. §902(3)(A). In a recent case, Gelinas v…. Read more »

Jul 2012 , Vol. VI, No.1 Authored by attorney Sean Golden It is an all-too-commonly held belief that, by merely registering an organization as a corporation or limited liability company with the State Corporation Commission, or by signing a corporation’s name to a contract, those individuals can totally shield themselves from liabilities associated with that… Read more »

Authored by attorney Neil Lowenstein Landowners hire contractors to perform work for the landowner. Contractors then typically hire multiple subcontractors to perform various portions of that work. And, subcontractors then hire sub-subcontractors to perform various portions of their work. And, so on depending upon the nature of the particular project. Often the work being performed… Read more »

Jul 2012 , Vol. VI, No.1 Authored by attorney Ned Nicholas If we contract with someone we expect that if we don’t hold up our end of the bargain, then we may get sued for breach of contract. That is one of the known risks of doing business. But we don’t expect to get sued… Read more »

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